Agriculture Today - November 2007

Fresno County adopts new dairy/feedlot ordinance

After more than 16 months of discussions and several drafts, Fresno County adopted a new land use ordinance that regulates expansion of current dairies and feedlots, and the placement of new larger dairies and feedlots in Fresno County.

By a vote of 3-to-2, Fresno County Supervisors on Oct. 23 approved a land use ordinance that changes Fresno County from a “by-right” county, which did not require specific county-based, bovine-related land use permits, to now requiring a conditional use permit identifying the County as the lead agency.

Although all new projects are required to obtain air quality permits and waste water discharge requirements issued by the Regional Water Quality Control Board, the lack of a permitting process in Fresno County caused confusion about the lead agency for determining the overall environmental impacts of a new or expanding project. Now, Fresno County becomes the clear lead agency.

The new ordinance outlines the process for upgrading, expanding or building new facilities in Fresno County. The ordinance creates buffers from residential zones, spheres of influence, public drinking water sources and resource conservation zoned property for new dairies of any size.

The ordinance also addresses operational, nutrient and vector control management plans and soil and groundwater monitoring programs for both new and existing dairies (if permitted after the adoption of the ordinance). In addition, applicable air district and water board requirements and permits are required under the ordinance, as well as CEQA compliance. (See accompanying table.)

Fresno County Farm Bureau directors and dairy producers Steve Nash, Donny Rollin, Brian Pacheco and FCFB Executive Director Ryan Jacobsen worked extensively with County of Fresno staff to help craft an ordinance that would address the County’s environmental concerns, while at the same time provide for the growth that dairy producers need to stay competitive.

Extensive public involvement was included in the process, with much of the opposition coming from the Fresno Healthy Dairy Commission, a union-backed local group with strong environmental ties.

“We want to do the right thing, but we want to make it possible for the smaller 500-cow dairy to survive, too,” said Supervisor Phil Larson, who supported the ordinance.

“This will not be easy for us. The regulations are already tough, and this ordinance will make it tougher. But we are willing to work with you because we recognize that all businesses must achieve better environmental performance,” FCFB Dairy Commodity Chair Donny Rollin testified.

“We must make sure that all dairies meet appropriate environmental standards. We also must make sure that we have balanced regulations that allow for growth. Today’s ‘existing’ dairies would not be here today if yesterday’s county officials had set up an unworkable process,” said the Riverdale dairy producer at the Oct. 23 hearing.

County Supervisors Phil Larson, Judy Case and Bob Waterston voted to support the ordinance, and Henry Perea and Susan Anderson opposed it.

“Most of the supervisors understand that dairies in Fresno County are already under the nation’s most stringent air and water quality regulations, enforced by regional air and water quality authorities. And, they understand that all new and expanding operations must comply with the California Environmental Quality Act , which means a project must prepare an Environmental Impact Report and undergo public hearings before it can be approved,” said FCFB Executive Director Ryan Jacobsen.

“We appreciate the Supervisors’ support to develop an ordinance that is balanced and workable,” added Jacobsen. “We also appreciate the help from the dairy industry’s CARES coalition members, who together with our Farm Bureau dairy producers, worked to ensure a fair ordinance that encourages development of environmentally friendly dairies.”